No money for 3rd party debt order!

Lillymae

Hi,

I’ve been trying to get my money back from a man who I did a course with since February this year.
He breached the contract, didn’t defend my application for a CCJ but refuses to refund me.

I have no current address as every address he has given me has been a lie but do have his bank details.

I applied for a 3rd party debt order and it was finally issued at the beginning of October but I’ve just received a letter to say he is overdrawn, so it’s obvious he is removing the course money as soon as it hits his account!

Is there anything I can do to instruct the bank to attach the order as the money hits or is this another dead end for me?

Many thanks.

Lillymae

Anyone have any advice at all?

davidmcn

If it's constantly overdrawn then there's never going to be a credit balance to be attached. You have no means of finding out what his balance is from day to day, so either you try your luck again or try some other avenue.

stragglebod

As I understand it it's the balance amount on the date the order is served to the third party that counts. I'm not aware of a third party debtor order that requires the third party to continually monitor the account.

Lillymae

Thank you, I think it might be overdrawn due to costs that the bank charge for checking for the order but can’t be a 100% sure?

It looks possibly like he gets the money from the courses paid into the account and then withdraws it immediately meaning unless it’s timed exactly right I’m never going to be able to get my money back this way unfortunately

If he questions the charges he will know what I’ve attempted to do so can’t see me being able to try again.

Not too sure what avenues I have left now to get my money back!

waamo

You could hire a tracing agent if you are very determined. They don't cost as much as you might think.